3rd trial to begin in Troy shooting

Updated 9:19 pm, Monday, March 3, 2014

Ariel Myers listens to his sentencing by Judge Andrew Cersia in the Rensselaer County Courthouse in Troy September 13, 2010. (Skip Dickstein/Times Union)

Ariel Myers listens to his sentencing by Judge Andrew Cersia in the Rensselaer County Courthouse in Troy September 13, 2010. (Skip Dickstein/Times Union)

Photo: Skip Dickstein

3rd trial to begin in Troy shooting

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Troy

Opening arguments will be heard Tuesday in the trial of a city man charged with shooting a man who was snapping photos of a rowdy crowd at Griswold Heights in 2009.

A jury of 12 and three alternates was picked Monday before Judge Andrew Ceresia in the case against Ariel Myers, who prosecutors say was in a noisy crowd of people when he allegedly shot Robert Gunyup at 3:30 a.m. Sept. 13.

Gunyup, who lives in a single-family home across the street and was awakened by the noise, was taking pictures of the young people yelling and fighting for evidence to show police what goes on in his neighborhood. A shot rang out, and Guynup was hit in the head and permanently disabled. He cannot walk or talk and needs 24-hour care.

It will be the third trial for Myers, who is charged with attempted second-degree murder and first-degree assault.

In August 2010, a Rensselaer County jury acquitted Myers, then 19, of attempted second-degree murder, but convicted him of first-degree assault in the shooting.

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Myers insisted he was innocent, but a judge sentenced him to the maximum of 25 years in prison.

An appeals court in December reversed the conviction and ordered a new trial arguing prosecutors should not have presented a witness who told jurors he saw Myers wielding a .25-caliber handgun at the apartment complex just months before the shooting.

"The admission of evidence of an uncharged crime allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion."

During the trial, the gun was dubbed a "community weapon" because it was available for use by several people.

Myers' first trial in May 2010 ended in a mistrial when his appointed attorney, Gregory Cholakis, told the judge that he and the public defender's office had represented some of the prosecution's witnesses in other matters.

Ceresia ruled that a conflict, announced a mistrial and assigned Jay Hernandez to represent Myers.

In the second trial, the jury heard from several young people who were at the scene that night but only one witness identified Myers as the alleged shooter.

The gun was never found, and prosecutors had no forensic evidence linking Myers to the crime.

Myers did not take the stand, but Hernandez told jurors that there were many people at the scene that night and prosecutors had little evidence that proved his client was the person.

The case will be prosecuted by Assistant District Attorney Shane Hug and will resume at 10 a.m. Tuesday.